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ILLINOIS POLLUTION CONTROL BOARD
January 15, 2009
PRAIRIE RIVERS NETWORK AND
SIERRA CLUB,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and SUGAR
CAMP ENERGY, L.L.C,
Respondents.
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PCB 09-46
(Third Party NPDES Permit Appeal)
HEARING OFFICER ORDER
The parties are advised that this matter has been assigned to the hearing officer identified
below. From this date forward, any pleading filed with the Clerk of the Board in this matter
must also be served individually on the hearing officer.
On January 15, 2009, the petitioners and Sugar Camp Energy participated in a telephone
status conference with the hearing officer. The Illinois Environmental Protection Agency is not
yet represented by counsel. The Agency is reminded that the administrative record is due within
14 days of notice of the petition.
At the status conference, the parties expressed a desire to resolve this case by filing briefs
without hearing. Upon review of a similar case involving the Village of New Lenox (PCB 04-
88), the parties are advised that they may file motions for summary judgment before hearing. If
either party prevails by summary judgment, a hearing is not needed. If the Board finds that the
case cannot be resolved by summary judgment, a hearing will then be set, after which the parties
may file post-hearing briefs.
The parties are directed to participate in a telephone status conference with the hearing
officer at 9:00 a.m. on February 10, 2009. The status conference shall be initiated by the
petitioners.
The decision deadline is currently April 16, 2009. Sugar Camp Energy agreed to file a
six-month deadline waiver within the next seven days.
IT IS SO ORDERED.
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_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
January 15, 2009 to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on January 15, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2009-046
*
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-046
Albert F. Ettinger
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
Chicago, IL 60601
PCB 2009-046
Bradley Klein
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
Chicago, IL 60601
PCB 2009-046
*
Sugar Camp Energy, L.L.C.
430 Harper Park Drive
Beckley, WV 25801
